Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Andrea Zanini ("we," "our," or "us"), the developer of Artkiv ("the App"). These Terms govern your access to and use of the Artkiv mobile application available on iOS and Android platforms.

By accessing or using Artkiv, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using Artkiv on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Description of Service

Artkiv is a collection management and archiving application designed to help anyone organize their items:

• Catalog and organize collections with photos and detailed information
• Track sales transactions and buyer information
• Manage expenses related to purchases and business operations
• Generate reports and analytics about your business
• Tag and categorize items for easy retrieval

Artkiv stores all data locally on your device and does not sync data to cloud servers. You are responsible for backing up your data through your device's backup mechanisms.

3. User Eligibility

You must be at least 13 years of age (or the applicable age of digital consent in your jurisdiction) to use Artkiv. By using the App, you represent and warrant that you meet this age requirement.

If you are under 18 years of age, you represent that you have obtained permission from your parent or legal guardian to use Artkiv and agree to these Terms.

4. License and Restrictions

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use Artkiv on devices you own or control, solely for your personal or internal business purposes.

4.2 Restrictions

You agree NOT to:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or attempt to extract the source code of the App
• Remove, alter, or obscure any proprietary notices (copyright, trademark, etc.) from the App
• Use the App for any illegal, unauthorized, or prohibited purpose
• Attempt to gain unauthorized access to any portion of the App or related systems
• Use the App in any way that could damage, disable, or impair the App's functionality
• Use automated systems or software to extract data from the App

5. Free Version and Advertisements

Artkiv offers a free version supported by advertising through Google AdMob. By using the free version, you agree to:

• View advertisements displayed within the App
• Allow Google AdMob to collect certain device information as described in our Privacy Policy
• Accept that ad content is provided by third parties and is not controlled by us

We are not responsible for the content, accuracy, or opinions expressed in advertisements. Your interactions with advertisers are solely between you and the advertiser.

6. Premium Subscription

6.1 Premium Features

Artkiv offers a Premium subscription ("Premium") that provides enhanced features, including but not limited to:

• Ad-free experience — complete removal of all advertisements
• Unlimited items, transactions, and sales records — removes storage and usage caps present in the free version
• Unlimited backups — create and manage backups without limits
• Early access to new features and priority access to updates

Premium features are subject to change, and we may add or remove features at our discretion. We will make reasonable efforts to notify users of significant changes. Promotional pricing or limited-time offers (for example, introductory pricing shown on our website or in the App) may be available from time to time and are subject to change.

6.2 Subscription Terms

Premium subscriptions are available on a recurring basis (monthly, yearly, or other periods as offered). Key terms include:

• Auto-Renewal: Subscriptions automatically renew at the end of each billing period unless canceled at least 24 hours before the renewal date
• Billing: You will be charged through your Apple App Store or Google Play Store account
• Price Changes: We reserve the right to change subscription prices with advance notice. Price changes will apply to subsequent billing periods after notice is provided
• Free Trials: If offered, free trials will automatically convert to paid subscriptions unless canceled before the trial period ends
• Promotional Pricing: From time to time we may offer promotional or introductory pricing. Such offers are temporary and may change or end at any time.

6.3 Payment Processing

All payments are processed through Apple App Store (iOS) or Google Play Store (Android) using their respective in-app purchase systems. We use RevenueCat, a third-party subscription management service, to manage and verify in-app purchases across platforms. We do not directly process or store your payment information.

RevenueCat acts as an intermediary between Artkiv and the app stores to:

• Validate and verify purchase receipts
• Manage subscription status and entitlements
• Track subscription events (renewals, cancellations, refunds)
• Provide cross-platform subscription management

By purchasing Premium, you agree to the terms of both your platform provider and RevenueCat:

• Apple: App Store Terms of Service
• Google: Google Play Terms of Service
• RevenueCat: RevenueCat Terms of Service

6.4 Managing Your Subscription

You can manage and cancel your Premium subscription through your device settings:

• iOS: Settings > [Your Name] > Subscriptions > Artkiv
• Android: Google Play Store > Menu > Subscriptions > Artkiv

Canceling your subscription will prevent future charges, but you will retain Premium access until the end of the current billing period. No partial refunds are provided for unused portions of the subscription period.

6.5 Refund Policy

All sales are final. Refund requests must be submitted through Apple App Store or Google Play Store in accordance with their respective refund policies. We do not have the ability to issue refunds directly.

Apple and Google typically allow refund requests under the following circumstances:

• Accidental purchases made by mistake
• Technical issues preventing app functionality
• Unauthorized purchases

To request a refund:

• iOS: Visit reportaproblem.apple.com
• Android: Visit Google Play Help Center

7. User Content and Data Ownership

7.1 Your Data

You retain all ownership rights to the content you create, upload, or store in Artkiv, including:

• Item images and photographs
• Item descriptions and metadata
• Transaction records and financial data
• Notes, tags, and categorizations

We do not claim any ownership rights to your content. Your data is stored locally on your device and is not transmitted to our servers.

7.2 License to Your Content

Since your data remains on your device and is not transmitted to us, you do not grant us any license to use your content. You are solely responsible for maintaining backups of your data.

7.3 Data Responsibility

You are responsible for:

• The accuracy and legality of all data you enter into Artkiv
• Ensuring you have the right to photograph and store images of your items
• Maintaining backups of your data through device backup mechanisms
• Securing your device to protect your data from unauthorized access

8. Intellectual Property Rights

8.1 Our Intellectual Property

Artkiv, including its design, features, functionality, source code, and user interface, is owned by Andrea Zanini and is protected by international copyright, trademark, and other intellectual property laws.

The Artkiv name, logo, and all related marks are trademarks or registered trademarks of Andrea Zanini. You may not use these marks without our prior written permission.

8.2 Third-Party Content

Artkiv may include third-party libraries, frameworks, and services. These third-party materials are governed by their respective licenses and terms of use.

9. Prohibited Uses

You agree not to use Artkiv for any of the following purposes:

• Any unlawful purpose or in violation of any local, state, national, or international law
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the App
• To track or catalog items that you do not own or have authorization to document
• To store or process any illegal content, including counterfeit item documentation
• To violate intellectual property rights, including copyright and trademark violations

10. Data Backup and Loss

Because Artkiv stores all data locally on your device:

• We strongly recommend regularly backing up your device using iCloud (iOS) or Google Drive (Android)
• We are NOT responsible for any data loss due to device failure, app deletion, device replacement, or any other cause
• We do not provide data recovery services as we do not have access to your data
• Uninstalling the app will delete all data stored by Artkiv on your device

11. App Updates and Modifications

We reserve the right to:

• Modify, update, or discontinue any aspect of Artkiv at any time without notice
• Release updates that may add, modify, or remove features
• Change Premium subscription features, pricing, or terms with reasonable advance notice
• Require updates to continue using the App

We will make reasonable efforts to maintain backward compatibility with your existing data, but we cannot guarantee that all features will remain available in future versions.

12. Disclaimer of Warranties

ARTKIV IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT OR DATA

WE DO NOT WARRANT THAT:

• Artkiv will meet your specific requirements or expectations
• The App will be available at all times or without interruption
• Any defects or errors will be corrected
• The App will be compatible with all devices or operating system versions

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data, artwork records, or other information
• Business interruption or inability to use the App
• Costs of obtaining substitute services

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO ARTKIV SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitations on liability, so these limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Andrea Zanini and his affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

• Your use or misuse of Artkiv
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your content or data stored in the App
• Any unauthorized use of your device or account

15. Third-Party Services

Artkiv integrates with the following third-party services:

• Google AdMob: For displaying advertisements (free version only)
• Apple App Store / Google Play Store: For app distribution and in-app purchases
• RevenueCat: For subscription management, purchase verification, and entitlement tracking

Your use of these third-party services is subject to their respective terms of service and privacy policies:

• RevenueCat Privacy Policy: https://www.revenuecat.com/privacy
• RevenueCat Terms of Service: https://www.revenuecat.com/terms

We are not responsible for the content, accuracy, or practices of third-party services.

16. Termination

16.1 Termination by You

You may stop using Artkiv at any time by:

• Uninstalling the App from your device
• Canceling your Premium subscription (if applicable)

16.2 Termination by Us

We reserve the right to suspend or terminate your access to Artkiv at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Non-payment of subscription fees
• Any reason we deem necessary to protect the App or other users

16.3 Effect of Termination

Upon termination:

• Your license to use Artkiv immediately ends
• You must cease all use of the App and delete it from your devices
• Premium subscriptions will not be refunded for unused periods
• Your data will remain on your device until you manually delete the App

17. Dispute Resolution and Governing Law

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Italy, without regard to its conflict of law principles.

17.2 Dispute Resolution

Any disputes arising from or relating to these Terms or your use of Artkiv shall be resolved through:

1. Informal Negotiation: First, contact us at andrea.za94@gmail.com to attempt to resolve the dispute informally
2. Binding Arbitration: If informal negotiation fails, disputes shall be resolved through binding arbitration in accordance with the laws of Italy

17.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action.

17.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent intellectual property infringement or other irreparable harm.

18. Apple App Store Additional Terms

If you download Artkiv from the Apple App Store, you acknowledge and agree that:

• These Terms are between you and Andrea Zanini only, not with Apple, and Apple is not responsible for the App
• Apple has no obligation to provide maintenance or support services for the App
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); Apple has no other warranty obligation
• Apple is not responsible for addressing any claims by you or third parties relating to the App
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and you are not listed on any U.S. Government prohibited or restricted party list
• Apple and its subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you

19. Google Play Store Additional Terms

If you download Artkiv from Google Play Store, you agree to comply with the Google Play Terms of Service and Google's policies regarding in-app purchases and subscriptions.

20. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this document
• Material changes will be communicated through the App or via email (if we have your contact information)
• Your continued use of Artkiv after changes are posted constitutes acceptance of the modified Terms
• If you do not agree to the modified Terms, you must stop using the App

21. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding Artkiv and supersede all prior agreements, understandings, and communications, whether written or oral.

23. No Waiver

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

24. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms to any third party without restriction.

25. Contact Information

For questions, concerns, or issues regarding these Terms of Service or the Artkiv application, please contact us:

26. Language

These Terms are written in English. Any translations provided are for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.